Illinois Administrative Code
Title 59 - MENTAL HEALTH
Part 350 - LEGAL ADVOCACY SERVICE
Section 350.105 - Definitions

Current through Register Vol. 48, No. 12, March 22, 2024

The following definitions shall apply to this Part:

"Adjusted income" is the difference between income and the following expenses: child care and court-ordered child support payments, special education services for the client or dependents, for example: speech pathology and audiology, psychological services, physical and occupational therapy, recreation, early identification and assessment of disabilities in children, counseling services, medical services, transportation, school health services, social work services, and parent counseling and training, expenses related to obtaining or maintaining employment which are not reimbursed by the employer, medical or dental expenses, including equipment costs (wheelchairs, guidedogs, etc.), expenses of attendant care, and 20 percent of salary to cover expenses for taxes, social security and mandatory retirement deductions.

"Eligible clients" are "individuals who have received, are receiving, have requested, or may be in need of mental health services", or are "developmentally disabled" as defined in the federal Developmental Disabilities Services and Facilities Construction Act ( 42 USC 6001(7) ), or any "person with one or more disabilities" as defined in the Disabled Persons Rehabilitation Act [20 ILCS 2405 ], as provided in Section 2(g) of the Guardianship and Advocacy Act [20 ILCS 3955/2(g) ].

"Family unit" means the client, the spouse, dependents, and parents of minor clients.

"Income" means all financial assistance or resources, but not non-liquid assets, available to the client. Assets that will be regarded as financial resources in calculating income include cash, savings, checking accounts, stocks, bonds, and pensions.

"Legal services" or "legal advocacy services" means legal counsel and representation to eligible persons in judicial proceedings arising out of the Mental Health and Developmental Disabilities Code [405 ILCS 5 ], including but not limited to admission, civil commitment, and legal competency and discharge, and to enforce rights or duties arising out of any mental health or related laws, local, State, or federal.

"Minor" means a person under 18 years of age.

"Non-liquid assets" means real estate and that personal property which does not meet the definition of income.

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